94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2035


 
Introduced 2/25/2005, by Sen. Chris Lauzen
 
SYNOPSIS AS INTRODUCED:
 		













720 ILCS 5/3-6
  from Ch. 38, par. 3-6







    Amends the Criminal Code of 1961.  Makes a technical change in a Section
concerning extended statutes of limitations.
















LRB094 11435 RLC 42349 b

















 


 


A BILL FOR









 











SB2035

LRB094 11435 RLC 42349 b






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    AN ACT concerning criminal law.

 
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    Be it enacted by the People of the State of Illinois, 
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represented in the General Assembly: 


 
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    Section 5. The Criminal Code of 1961 is amended by changing 
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Section 3-6 as follows:
 



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    (720 ILCS 5/3-6)  (from Ch. 38, par. 3-6)



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    Sec. 3-6. Extended limitations. 
The period within which a 
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prosecution
must be commenced under the
the provisions of 
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Section 3-5 or other applicable
statute is extended under the 
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following conditions:
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    (a) A prosecution for theft involving a breach of a 
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fiduciary obligation
to the aggrieved person may be commenced 
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as follows:


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        (1) If the aggrieved person is a minor or a person 
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    under legal disability,
then during the minority or legal 
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    disability or within one year after the
termination 
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    thereof.


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        (2) In any other instance, within one year after the 
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    discovery of the
offense by an aggrieved person, or by a 
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    person who has legal capacity to
represent an aggrieved 
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    person or has a legal duty to report the offense,
and is 
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    not himself or herself a party to the offense; or in the 
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    absence of such
discovery, within one year after the proper 
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    prosecuting officer becomes
aware of the offense. However, 
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    in no such case is the period of limitation
so extended 
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    more than 3 years beyond the expiration of the period 
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    otherwise
applicable.

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    (b) A prosecution for any offense based upon misconduct in 
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office by a
public officer or employee may be commenced within 
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one year after discovery
of the offense by a person having a 
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legal duty to report such offense, or
in the absence of such 
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discovery, within one year after the proper
prosecuting officer 
 


 






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becomes aware of the offense. However, in no such case
is the 
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period of limitation so extended more than 3 years beyond the

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expiration of the period otherwise applicable.

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    (c) Except as otherwise provided in subsection (a) of 
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Section 3-5 of this
Code and subdivision (i) or (j) of this

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Section, a
prosecution for any offense involving sexual conduct 
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or sexual
penetration, as defined in Section 12-12 of this 
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Code, where the victim and
defendant are family members, as 
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defined in Section 12-12 of this Code, may
be commenced within 
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one year of the victim attaining the age of 18 years.

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    (d) A prosecution for child pornography, indecent

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solicitation of a
child, soliciting for a juvenile prostitute, 
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juvenile pimping or
exploitation of a child may be commenced 
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within one year of the victim
attaining the age of 18 years. 
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However, in no such case shall the time
period for prosecution 
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expire sooner than 3 years after the commission of
the offense.  
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When the victim is under 18 years of age, a prosecution for

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criminal
sexual abuse may be commenced within
one year of the 
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victim attaining the age of 18 years.  However, in no such
case 
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shall the time period for prosecution expire sooner than 3 
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years after
the commission of the offense.

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    (e) Except as otherwise provided in subdivision (j), a 
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prosecution for
any offense involving sexual conduct or sexual

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penetration, as defined in Section 12-12 of this Code, where 
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the defendant
was within a professional or fiduciary 
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relationship or a purported
professional or fiduciary 
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relationship with the victim at the
time of the commission of 
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the offense may be commenced within one year
after the 
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discovery of the offense by the victim.

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    (f) A prosecution for any offense set forth in Section 44

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of the "Environmental Protection Act", approved June 29, 1970, 
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as amended,
may be commenced within 5 years after the discovery 
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of such
an offense by a person or agency having the legal duty 
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to report the
offense or in the absence of such discovery, 
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within 5 years
after the proper prosecuting officer becomes 
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aware of the offense.

 


 






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    (g) (Blank).

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    (h) (Blank).

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    (i) Except as otherwise provided in subdivision (j), a 
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prosecution for
criminal sexual assault, aggravated criminal

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sexual assault, or aggravated criminal sexual abuse may be 
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commenced within 10
years of the commission of the offense if 
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the victim reported the offense to
law enforcement authorities 
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within 2 years after the commission of the offense.

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    Nothing in this subdivision (i) shall be construed to

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shorten a period within which a prosecution must be commenced 
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under any other
provision of this Section.

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    (j) When the victim is under 18 years of age at the time of 
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the offense, a
prosecution
for criminal sexual assault, 
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aggravated criminal sexual assault, predatory
criminal sexual 
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assault of a child, or aggravated criminal sexual abuse or a

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prosecution for failure of a person who is required to report 
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an alleged
or suspected commission of any of these offenses 
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under the Abused and Neglected
Child Reporting Act may be

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commenced within 20 years after the child victim attains 18

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years of age.

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    Nothing in this subdivision (j) shall be construed to

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shorten a period within which a prosecution must be commenced 
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under any other
provision of this Section.

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(Source: P.A. 92-752, eff. 8-2-02;
92-801, eff. 8-16-02; 
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93-356, eff. 7-24-03.)